Yes, anyone (barring odd things like maybe felons?) can form a corporation in the US. But without a status like H1B you cannot work for that corporation in the US.

You just need to show that you will report to a board of directors that has the ability to control what you work on or whether or not to continue to employ you (this really isn't too far off from anyone else starting a company with cofounders and investors).

Then how is this different from regular H1B anyway if you need cofounders and investors? It's not as if they're giving a concession for EB2 since you need to have an advanced degree/10+ years exp. or national interest waiver even with the new rules.